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Fordham Urban Law Journal

Journal

1995

Articles 31 - 39 of 39

Full-Text Articles in Law

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski Jan 1995

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski

Fordham Urban Law Journal

This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …

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Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon Jan 1995

Note: New York City's Restrictive Zoning Of Adult Businesses: A Constitutional Analysis, Rachel Simon

Fordham Urban Law Journal

Part I explores the adult pornography industry in New York City and the constitutional framework developed by both federal and New York State courts to regulate non-obscene pornographic expression. Part II analyzes the City's Adult Zoning Resolution in light of decisions of the New York State Court of Appeals, the United States Supreme Court, and various federal district and circuit courts. Part III proposes changes that will increase the probability that the City's Adult Zoning Resolution will survive constitutional challenges. This Note concludes that although the current version of the City's Adult Zoning Resolution infringes unconstitutionally on adult business owners' …

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The Privatizing Of Public Wealth, Kary L. Moss, Esq. Jan 1995

The Privatizing Of Public Wealth, Kary L. Moss, Esq.

Fordham Urban Law Journal

This Article examines the emergence of the problem of corporate welfare, and identifies and discusses various legal solutions. It identifies state and local governments, in conjunction with unions, workers and community organizations, as the appropriate actors to reform a system which has become an abuse of public trust and the general welfare. Part I of this Article examines the emergence of the tax abuse phenomenon and documents its impact on local economies in this country. Part II discusses the legal scheme which frames the various legal strategies that have been employed by communities to challenge subsidy arrangements. Part III identifies …

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Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor Jan 1995

Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor

Fordham Urban Law Journal

In the Winter 1994 issue of the Fordham Urban Law Journal, R.S. Radford reviewed Dennis Coyle's book "Property Rights and the Constitution." Radford's theory relies on the idea that property rights deserve greater constitutional protection than they have received in the 60 years since the Supreme Court accepted the legitimacy of the regulatory state. This article reviews Radford's interpretation and criticism of Coyle's theory, analyzes Radford's theories in light of recent cases, and discussed the constitutional implications of Radford's analysis and how they relate to the economic regulations that they empower.

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Right Of First Refusal And The Package Deal, Bernard Daskal Jan 1995

Right Of First Refusal And The Package Deal, Bernard Daskal

Fordham Urban Law Journal

A persistent problem in right-of-first-refusal jurisprudence has been the effect of an acceptable third-party offer for a package of properties, a portion of which is burdened. In determining the effect of such package deals, courts have primarily relied on principles related to the nature and operation of rights of first refusal. Unfortunately, this approach has led different courts to reach disparate and inconsistent results.The problems posed by the package deal, of course, could be remedied by the parties themselves through a provision addressing the effect of such a transaction on the rightholder's privilege. The provision would answer whether the package …

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The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers Jan 1995

The Failures Of Litigation As A Tool For The Development Of Social Welfare Policy, Susan V. Demers

Fordham Urban Law Journal

This article argues that litigation is largely counterproductive to the development of a coherent and feasible social welfare policy and interferes with the constitutionally-derived separation of powers. It describes the proper role of the courts when evaluating government actions and the proper procedures for doing so. It then discusses several cases brought against the New York State Department of Social Services and local governments, arguing that the courts have abandoned their appropriate role, and using these decisions to illustrate its thesis.

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Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr. Jan 1995

Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.

Fordham Urban Law Journal

To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …

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From Welfare To Work In New York City Public Housing, Ruben Franco Jan 1995

From Welfare To Work In New York City Public Housing, Ruben Franco

Fordham Urban Law Journal

This Essay highlights the relationship between welfare and work in New York City's public housing. Part II discusses the composition of the Housing Authority's tenant body in past years as well as the political and social changes affecting the Housing Authority. Part III presents current Housing Authority ideas and programs that address moving tenants from welfare to work. Part IV outlines strategies employed by the Housing Authority to attract more working families, thereby improving the economic mix and social stability of the tenant population. Finally, this Essay concludes that while the Housing Authority cannot, and perhaps should not, address the …

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Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii Jan 1995

Note: Finger Imaging: A 21st Century Solution To Welfare Fraud At Our Fingertips, James J. Killerlane Iii

Fordham Urban Law Journal

This Note describes the finger imaging process and summarizes the current New York Social Services law regarding public assistance. It also outlines the current finger imaging bill before the New York State Legislature. Part III examines and considers the two major policy arguments against the implementation of the program. Part IV outlines the legal controversy regarding finger imaging and addresses each express concern as well as constitutional issues. Part V compares New York's finger imaging legislation with similar legislation already in place in California and argues that the New York program will be as effective as California's. In conclusion, this …

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